HomeUploadUpload DirectHotlinkRandomAbouttheme toggle

California Environmentalists: Bees Are Now Fish

Views:1016
@ReasonVids

The state's Endangered Species Act doesn't protect insects, so environmentalists and government officials intent on helping bees had to get creative.
---------
https://reason.com/

For the past few years, government officials and agricultural groups in California have been fighting over the question: Are bees fish?

The California Court of Appeal for the 3rd District ruled on May 31 that, legally, they are.

At the heart of this issue is the state's Endangered Species Act, which prohibits the import, export, possession, purchase, sale, or killing of listed species. Roughly 250 plant and animal species are protected by the California Endangered Species Act (CESA).

In 2018, environmentalists petitioned the California Fish and Game Commission to add four bumblebee species to the list of at-risk plants and animals governed and protected by the CESA. The Commission provided notice in 2019 that the four bumblebee species were candidates for CESA protection.

Birds, mammals, amphibians, reptiles, plants, and fish are categories of endangered species eligible for protection in California, but insects aren't. So how did state officials, at the behest of environmental groups, end up getting those bumblebees added?

By declaring them fish!

Citrus growers, almond producers, and other large agricultural groups in the state that would be affected by the classification quickly filed a lawsuit, but the appeals court agreed with the classification—bees are fish.

So what is a fish? According to the CESA, the word refers to "a wild fish, mollusk, crustacean, invertebrate, amphibian, or part, spawn, or ovum of any of those animals."

The key word there is invertebrate. Because they don't have backbones, the appeals court ruled that bumblebees could reasonably be designated as fish since the word is considered a "term of art," meaning it has a definition within a specific field that diverges from common usage.

"We certainly agree section 45 is ambiguous as to whether the Legislature intended for the definition of fish to apply to purely aquatic species," the court's decision explains. "A fish, as the term is commonly understood in everyday parlance, of course, lives in aquatic environments." Because a snail (a terrestrial invertebrate) was previously listed under the act "and could have qualified as such only within the definition of fish," the court opted to liberally construe the act and the Legislature's intent when drafting it.

A problem with this reasoning is that it "seriously undercuts the idea that law is supposed to be clear and accessible to ordinary people," notes George Mason University law professor Ilya Somin. The average person has a particular understanding of what the word fish means and, when reading the law, "would be hard-pressed to figure out that harming bees is a no-no."

And yet, any farmer who harms or kills one of these protected bees could be punished with fines or have their pesticide permits rescinded. That could prove problematic since farmers will have to distinguish the four protected types of bees from the 21 other bumblebee species that can be found in California.

The court's ruling might also empower activists to further stretch the legal definitions of the CESA as they try to get more critters protected. The California Fish and Game Commission "may list any invertebrate as an endangered or threatened species" if the invertebrate meets the requirements of the relevant statutes, the court ruled.

Ladybugs, scorpions, moths, butterflies. Maybe someday they can be fish, too.

Editing and graphics by Isaac Reese; additional editing by Danielle Thompson

libertarian
,
reason magazine
,
reason.com
,
reason.tv
,
reasontv
Thumbnail for Great Moments in Unintended Consequences (Vol. 8)2:33
Great Moments in Unintended Consequences (Vol. 8)
ReasonVids
1025 views
Thumbnail for Disturbing Video Shows Walgreens Pharmacist Refusing To Fill Man's Ivermectin Prescription3:49
Disturbing Video Shows Walgreens Pharmacist Refusing To Fill Man's Ivermectin Prescription
AOU
2782 views
Thumbnail for Why Merrick Garland Should NOT Be on the Supreme Court3:04
Why Merrick Garland Should NOT Be on the Supreme Court
ReasonVids
910 views
Thumbnail for Everyone You Love Did Drugs6:30
Everyone You Love Did Drugs
ReasonVids
845 views
Thumbnail for 'Can you be TOO SMART to be a police officer? Yes, you can!'2:54
'Can you be TOO SMART to be a police officer? Yes, you can!'
ReasonVids
706 views
Thumbnail for Marrying into power. 1:12
Marrying into power.
bestofupgoat
123 views
Thumbnail for 7 Creepy Robots for Cops7:04
7 Creepy Robots for Cops
ReasonVids
831 views
Thumbnail for Is Money Speech? Free Speech Rules (Episode 5)4:02
Is Money Speech? Free Speech Rules (Episode 5)
ReasonVids
984 views
Thumbnail for Publishing Banned Books: Olga Gardner Galvin on the Literature of Freedom6:36
Publishing Banned Books: Olga Gardner Galvin on the Literature of Freedom
ReasonVids
866 views
Thumbnail for What If You Fell from an Airplane Into Fresh Snow? | What If5:51
What If You Fell from an Airplane Into Fresh Snow? | What If
invidious
238 views
Thumbnail for Is this the real reason they hate Assange so much?0:31
Is this the real reason they hate Assange so much?
bestofsaidit
885 views
Thumbnail for Adolf Hitler "If you think my work was righteous, if you believe that I have been diligent [...] cast your vote now [...] STAND WITH ME JUST AS I HAVE ALWAYS STOOD WITH YOU!"4:53
Adolf Hitler "If you think my work was righteous, if you believe that I have been diligent [...] cast your vote now [...] STAND WITH ME JUST AS I HAVE ALWAYS STOOD WITH YOU!"
NachtWaffen
962 views
Thumbnail for 'Deep Web'  Director Alex Winter on Silk Road, Ross Ulbricht, and Online Privacy32:28
'Deep Web' Director Alex Winter on Silk Road, Ross Ulbricht, and Online Privacy
ReasonVids
905 views
Thumbnail for Corona World Order59:16
Corona World Order
corbettreport_uo
2064 views
Thumbnail for yeah, well done...0:06
yeah, well done...
bestofvoatxyz
513 views
Thumbnail for Stossel: Private School Success Around the World7:28
Stossel: Private School Success Around the World
ReasonVids
863 views
Thumbnail for How Portland's Protests Drifted into ‘Dangerous Territory’4:24
How Portland's Protests Drifted into ‘Dangerous Territory’
ReasonVids
947 views
Thumbnail for Frank Grimes - What's Wrong With America2:47
Frank Grimes - What's Wrong With America
clips
908 views
Thumbnail for Would Today's ACLU Defend the Speech Rights of Nazis?5:38
Would Today's ACLU Defend the Speech Rights of Nazis?
ReasonVids
916 views
Thumbnail for Remy Shows Cardi B Where Her Taxes Go (Bodak Yellow Parody)1:40
Remy Shows Cardi B Where Her Taxes Go (Bodak Yellow Parody)
ReasonVids
846 views
Thumbnail for Why Millennials and Gen Z Hate Boomers4:56
Why Millennials and Gen Z Hate Boomers
ReasonVids
869 views
Thumbnail for Condoms, Porn, and L.A.'s Measure B: The Most Bizarre Ballot Initiative of 20125:46
Condoms, Porn, and L.A.'s Measure B: The Most Bizarre Ballot Initiative of 2012
ReasonVids
892 views
Thumbnail for cant hide the frank and beans8:50
cant hide the frank and beans
Terrence Popp
1132 views
Thumbnail for ISIS Runs Luxury Hotel in Iraq Now1:28
ISIS Runs Luxury Hotel in Iraq Now
ReasonVids
860 views
Thumbnail for WHY PLAY ROULETTE WHEN YOU CAN BE ROULETTE?0:11
WHY PLAY ROULETTE WHEN YOU CAN BE ROULETTE?
AOUisgay
416 views

points

Permalink
Reply
libertarian
,
reason magazine
,
reason.com
,
reason.tv
,
reasontv
TOS  •  Add Keywords  •  Donate  •   Analytics  •   DMCA  •   Puzzle